We help keep things simple by making the legal side easier to understand, reducing the jargon and giving you a clear and accurate picture of your financial position.
read moreOur expert divorce lawyers guide will help you through this process with the care and attention it needs and the information required to make well-informed decisions about your financial security today and in the future.
Along with our in-house accountants and a network of Independent Financial Advisers, pension experts, business valuation experts, property experts and budget planners, you can be reassured you will get the tailored approach you need.
What is a prenuptial agreement? |
Also known as ‘prenups’, prenuptial agreements are written contracts that couples can enter before marriage or civil union. The prenup outlines ownership of money, assets, or property and what will happen to them in the case of divorce or dissolution. |
How does spousal maintenance work? |
Different to child maintenance, spousal maintenance is a payment from one former spouse to another after divorce. The amount can change at any time and should be decided based on financial needs and income. A divorce lawyer can help you come to an agreement on how much spousal maintenance should be paid out of court. |
What is a freezing order? |
Commonly used in divorce or dissolution cases, freezing orders prevent one spouse from disposing of assets until a case is resolved. This protects the other part from missing out on assets they may have matrimonial claim over. |
A financial settlement is a legally binding agreement designed to sort out any financial issues and fairly separate your assets once the marriage is over. The aim is to establish a fair and equitable distribution of assets and financial support, taking into account the circumstances of each spouse and the standard of living during the marriage.
read moreDuring the process, assets are divided into two categories: matrimonial and non-matrimonial.
Any of these assets are then put into a pot where they can be divided fairly. Types of assets can include:
There are several ways to reach a financial settlement, from an agreement between the couple and a lawyer drafting a legally binding document to a series of court hearings. Our expert lawyers can advise on the right approach to take for your situation.
Finances in a divorce are typically split based on principles of fairness and need. Couples are encouraged to negotiate and reach a financial settlement either independently or with the assistance of mediators or solicitors.
Factors considered include the financial needs and responsibilities of each spouse, the length of the marriage, the standard of living during the marriage, contributions to the marriage (financial and non-financial), and any special needs such as childcare responsibilities or health issues. The division may involve splitting assets such as property, savings, pensions, and investments, as well as allocating ongoing financial support.
Financial arrangements can be settled through negotiation, mediation, or court proceedings, if necessary, with the aim of achieving a financial settlement that meets the needs of both parties and any dependent children.
While the process can vary depending on the individuals, it will normally follow this process.
Note that if you stick to an amicable settlement, you can avoid the last stage altogether.
While an amicable out of court resolution is preferred, it is not always possible.
Financial agreements are known as financial orders. These can either be reached through mutual agreement with a financial consent order or can be ordered by the court through financial final orders when couples can’t agree.
These are the main types of agreements you will see:
If you are discussing potential financial settlements with your ex partner then early specialist legal advice is invaluable because the law is discreationary and not easy to navigate. You need to ensure that your settlement paramaters are fair and can be enforced.
As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
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The duration of divorce financial settlements can vary significantly depending on factors such as the complexity of assets, whether the divorce is contested or uncontested, and how quickly agreements are reached. In straightforward cases where couples can agree on financial matters, settlements may be finalised within a few months. However, more complex cases involving high-value assets, disagreements over property or pensions, or disputes regarding income may take considerably longer, potentially extending over several months or even years if court proceedings are required.
You can legally get divorced without a financial settlement, but it is typically not recommended. This can leave you vulnerable in immediate post-divorce matters but also to potential claims on your finances in the future.
It is usually seen as a final agreement between the two parties, but there are exceptional circumstances where it can be reopened. These can be due to materials not being disclosed in the initial stages, significant life events or fraud.
A shared property is usually the biggest asset to divide in a divorce. The most simple solution is often to sell the property and divide the money from the sale. However, if one party is able to purchase the other’s share, they can take sole ownership.
When children are involved, the best solution can be to maintain joint ownership of the home with one party residing in it until the children reach a certain age.
You could agree to transfer a portion of the property’s value as a financial settlement. By doing this, the partner giving up some ownership maintains an ‘interest’ in the home, meaning they’ll receive a percentage of the final sale price.
Pensions are often ignored, but they are one of the most significant assets a couple has. This can be damaging for women as often 90% of the pension wealth is held by one party. Usually the man in different sex couples.
The total value of the pensions that each party has built up is considered. This means all your pensions, not just the ones that each of you held before you were married or in a civil partnership.
When discussing pensions in divorce, there are two primary options for couples: pension sharing and pension offsetting. The capital values, projected income in retirement, and rules of the individual pension scheme will all help inform which option will work best for you. See more on divorce and pensions here.
This can depend on how the business is owned and how much it is worth, but the courts can look at businesses when assigning assets. This can be done by lump sum payments, shares or even selling the business.
Sometimes one or both parties refuse to cooperate, this can also be known as stonewalling. If this is the case then the court can intervene and facilitate the process and allow for a solution to take place. The Court can also order imprisonment or impose fines on a party who is in breach if they are found to be in contempt of Court.
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